- (1.) -AMENDMENT application filed by the petitioners has been allowed. With the consent of the parties the matter is heard finally.
(2.) THE petitioner, who is elected Committee of Management of District Co-operative Bank Ltd. , Jaunpur (hereinafter referred as the Bank) superseded, is a Co-operative Society registered under the provision of U. P. Co-operative Societies Act, 1965 (hereinafter referred to as 'the Act' ). The Committee has now been substituted by its Chairman and others who have filed this writ petition for quashing the impugned order superseding the Committee of Management of the Bank dated 13. 12. 2007 whereby the petitioner-Committee of Management has been superseded by the Joint Registrar, Co-operative Societies, U. P. , Varanasi Region, Varanasi exercising powers of the Registrar Co-operative Societies under section 35 (1) of the Act and further in exercise of powers under sub-section (3) of section 35 of the Act appointed the District Magistrate, Jaunpur to be the Administrator in place of superseded Committee of Management.
(3.) THE brief facts leading to filing of the present writ petition are that the petitioner-Committee of Management of District Co-operative Bank Ltd. , Jaunpur is a Central Bank (District Level Co-operative Society) and is registered under the provisions of U. P. Co-operative Societies Act, 1965. The present Committee of Management was elected on 23/24. 8. 2006 and the meeting of the Committee of Management was held on 24. 8. 2006. It is asserted by the petitioner that the members of the Committee of Management including the Chairman of the Committee of Management since belong to Samajvadi Party who is now in opposition and the new Government is formed by the Bahujan Samaj Party, as such there was a political rivalry between the members and Chairman of the Committee of Management with the present political set up in power. The provisions of section 35 of the Act are quoted below :- "35. Supersession or suspension of Committee of Management.- (1) Where, in the opinion of the Registrar, the Committee of Management of any Co-operative Society persistently makes default or is negligent in the performance of the duties imposed on it by this Act or the Rules or the bye-laws of the society or commits any act which is prejudicial to the interest of the society or its members, or is otherwise not functioning properly, the Registrar after affording the Committee of Management a reasonable opportunity of being heard and obtaining the opinion of the general body of the society in a general meeting called for the purpose in the manner prescribed may, by order in writing, supersede the Committee of Management : [provided that where under the prescribed circumstances it is not feasible to convene a general meeting of the general body of the society, the Registrar may dispense with the requirement of obtaining the opinion of the general body of the society]. (2) Where the Registrar, while proceeding to take action under subsection (1) is of opinion that suspension of the Committee of Management during the period of proceeding is necessary in the interest of the society, he may suspend the Committee of Management which shall thereupon cease to function, and make such arrangement as he thinks proper for the management of the affairs of the Society till the proceedings are completed : provided that if the Committee of Management so suspended is not superseded it shall be reinstated and the period during which it has remained suspended shall count towards its term. (3) Where the Registrar has superseded the Committee of Management under sub-section (1), he may appoint in its place, [for a period not exceeding one year] to be specified in the order of supersession,- (a) a new committee consisting of one or more members of the society; or (b) an administrator or administrators who need not necessarily be members of the society : [provided that the Registrar may, with the previous approval of the State Government, extend from time to time the period of supersession, so however, that any single extension does not exceed six months and the total extension does not exceed one year]. ";